Get free answers to your Legal Malpractice legal questions from lawyers in your area.
answered on Mar 22, 2023
In a criminal case, an omnibus pretrial motion is a generic motion that must be filed within a certain time period following formal arraignment to preserve your right to file motions down the road as your case progresses. These motions are typically boilerplate and contain multiple requests for... View More 
My vehicle was searched and the police seized my drivers license, bank cards, EBT card, medical card, etc. along with two cell phones. My attorney requested the release of these items and stated once it was approved, I would be able to go to the police station to get them. I was then notified by my... View More
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answered on Oct 29, 2024
You have the right to have your seized items returned without unnecessary delays. Typically, once your attorney requests the release of your belongings, the police should follow through without additional conditions. It's unusual and potentially improper for your attorney to hold your personal... View More
My Attorney has the police release the items they had seized during my arrest directly to his office. The items include my drivers license, debit and credit cards, EBT card, Insurance Cards for myself and Children, and two cellphones. He is refusing to give me these items until I pay the last... View More
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answered on Oct 29, 2024
I'm sorry you're experiencing this situation. Attorneys have a responsibility to act in their clients' best interests, and withholding your personal items for payment may not align with those duties. It's important to review any agreements you have with your attorney to... View More
A docket states Defendant was not provide an application or Advised of their right To apply for counsel.
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answered on Jul 27, 2024
It's crucial to understand your rights when facing legal proceedings. If the docket states that you were not advised of your right to apply for counsel or provided with an application, this could be a significant issue. The right to legal counsel is fundamental in ensuring a fair trial.... View More
Year and a half delay for revision do to adjuster ordered a 3rd opinion 3 months later what to do?
answered on Mar 23, 2024
If you have an attorney discuss this problem with them. If you do not have an attorney, you really should obtain one. There may be ways to move your treatment forward more quickly despite the adjuster.
opposing counsel about my case wanting me to move towards a settlement. i then get a call from a mediation service. i did not give permission for the consult lawyer to act on my behalf. have both lawyers acted unethically? the voicemail states the opposing counsel wanted resolution but Ive not... View More
answered on Jan 17, 2024
If the attorney you consulted took action on your behalf, such as contacting the opposing attorney, he may have acted unethically. There is no indication the other lawyer did anything improper.
answered on Apr 10, 2023
You can still sue, you will have to go after the doctor's assets and not his insurance.
The court suspend my driving privilege because i do not pay the fine i go explain the situation because of the suspention i can not drive to work so i can not pay the fines and keep like this for 7 years so i finaly do not own nothing more becuase i ask them whiy i have more fines if i do not get... View More
answered on Feb 13, 2023
Consult with experienced traffic ticket attorneys. They (or you) may be able to appear before the judge for a reduction and payment plan.
I am an epileptic. My audio device accidentally recorded my lawyer make an agreement to lose my case. On the FIRST morning of the lawsuit trial between me and the defendant, my lawyer and the defendant's lawyer were a short distance away from me. I have a little brain damage and was medicated.... View More
answered on Sep 28, 2021
Much depends on what the paper was. From the conduct of the lawyer to keep trying the case--when I'm assuming he is not paid by the hour but on a contingent fee, doesn't make sense if he's not going to try.
You need to get the recording re-recorded so it's not... View More
A few days before my lawsuit trail my lawyer explained to me that he had an agreement with the defendant's lawyer. Whichever side lost would not appeal the jury decision. Our side lost; right after the jury's choice was heard I was reminded there could be no appeal.
Was that... View More
answered on Sep 17, 2021
If you wanted to do anything as to the attorney your time ran two years ago (assuming the trial was four years ago). It's not unusual to have agreements like that but usually they are tied to something called a high/low where if you lose you get the minimum, if you win, you only get up to the... View More
I asked for the money back within 24 hours of payment. The attorney ignored me for a week, until I brought up matters of trust funds and attorney obligations in an e-mail. Then I was contacted almost immediately. Contract makes no mention of non-refundable and attorney agreed to return the funds.... View More
answered on Sep 13, 2021
I suggest you drop off a written request or send one certified return receipt requested. Then contact the attorney-client dispute resolution committee of the bar association for the county where the lawyer practices.
After their testimonies unwittingly showed their motor vehicle hit my bicycle, my lawyer did not question the defendant's witnesses over their words at their cross examinations. He also did not raise their statements at his closing argument before the jury! We lost the jury decision.... View More
answered on Sep 13, 2021
The lawyer may have had tactical reasons for doing what he did. Jurors may have looked at other issues. Your attorney was, I assume under a contingent fee. He had every reason to do his utmost to win. If he and you believe it's against the weight of the evidence he can file an appeal. That... View More
My university is basically saying get vaccinated or get tested twice a week AND wear a mask on campus if you want to attend in person classes. I feel as if this is not fair and it is might right to have the choice of wearing a mask/getting vaccinated. Especially since I am paying for the education... View More
answered on Jun 19, 2021
Recent decisions suggest it is. They are doing this for other students. Just as if they had gas fumes they would have a duty to control them. The "studies" you refer to, if they aren't from a peer reviewed medical journal, they hold no weight in Court. Or you can attend mask free,... View More
The cops then pulled this person over for suspicion of DUI....is this some firm of entrapment?
answered on Jan 16, 2021
Entrapment is an officer inducing you to do something you wouldnt otherwise do. Which is not the caae here. However, simply leaving a bar parking lot is probably insufficient for a car stop.
With other factors present it can be considered by the officer in forming reasonable suspiscion... View More
What can I legally do and do you handle estate litigation?
Can you help? Trial is Feb 17th.
answered on Jan 13, 2021
Please email me at cbcohn @cbcohn.com and I will send a form for you to fill out,,,and we can take a look at case. Please let me know that you reached out through Justia
Thanks
CLIFF COHN
If the charges are dropped before the court process even start
answered on Oct 19, 2020
It really depends on what your fee agrement says. Please read carefully. Many criminal defense lawyers have 'non refundable' fees set forth in their fee agreement.
In short, wife inherits a house in Pa. from a friend that passed. She gets a lawyer in Pa because the estate is based in Tn. For over a year the Pa lawyer told her things that were not true, didn't file taxes, didn't file for the deed, etc. etc. even with my wife and the lawyer from Tn.... View More
answered on Apr 23, 2020
The fee dispute resolution committee, but I'd suggest get another attorney then decide about the malpractice --certainly file a claim to protect yourself as to the money etc.
Personal insurance covered everything when stores should have, so they taking for every doc visit, which still happens frequently. Delays seem to be from our own lawyer at this point, we were told to sign months ago, without being able to see itemized receipt even though we asked for it. The... View More
answered on Mar 20, 2020
If lawyer is out of country and has access to email, that should still enable wrapping up paperwork for case. If you are able to establish email contact and carrier is willing to work with digital scans of releases, lien forms, and other related paperwork for closing out the case, that might be an... View More
answered on Mar 15, 2020
In Pennsylvania, the statute of limitations for legal malpractice can be two or four years from the time that you knew or should have know that the attorney did something wrong,
He has had her for 4 years from never giving her back to me amd is now not taking care of her properly he has an opend case with cny in another county . I want to take her to live with me and he is going to get aggressive and call the police . Will I get introuble for taking my daughter from him?
answered on Aug 18, 2019
I would not recommend that you just take the child away from him if there's an open CYS case. Talk to an experienced family law attorney to determine whether you should consider filing for custody.
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